Page No.# 1/7 GAHC010204072025 2025:GAU- AS:13511-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/64/2025 PRAMOD SAHANI SON OF LATE MAHADEV SAHANI, R/O H.NO.58, BISHNUPUR, SHIV MANDIR LOCALITY, GUWAHATI, POST OFFICE- BIRUBARI, POLICE STATION BHARALUMUKH, DISTRICT- KAMRUP(M), ASSAM, PINCODE- 781016 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, DISPUR, GUWAHATI, PIN CODE- 781006, KAMRUP (M), ASSAM 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007 KAMRUP(M) ASSAM 3:THE COMMISSIONERATE OF POLICE CITY GUWAHATI KHANAPARA NEAR REGIONAL SCIENCE CENTER GUWAHATI-781022 KAMRUP(METRO) ASSAM 4:BIKROM RAMSAIRY OFFICER -IN- CHARGE BHARALUMUKH POLICE STATION GUWAHATI Page No.# 2/7 P.O. BHARALUMUKH BHARALUMUKH PIN-781009 KAMRUP (M) ASSAM 5:PRADYUM KALITA SUB-INSPECTOR INVESTIGATING OFFICER (IN CONNECTION WITH BHARALUMUKH POLICE STATION CASE NO.0111/2025) P.O.BHARALUMUKH BHARALUMUKH GUWAHATI PIN CODE 781009 KAMRUP(M) ASSAM 6:PREM KUMAR SAHANI @ DILKHUSH KUMAR SON OF ARJUN SAHANI RESIDENT OF VILLAGE BELARI POLICE STATION- UJIARPUR DISTRICT- SAMASTIPUR STATE- BIHAR 7:ARJUN SAHANI S/O LATE BINDESWAR SAHANI RESIDENT OF VILLAGE BELARI POLICE STATION- UJIARPUR DISTRICT- SAMASTIPUR STATE- BIHA Advocate for the Petitioner : MR. M K SAH, DR. A SAH Advocate for the Respondent : GA, ASSAM, Page No.# 3/7 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.09.2025 (K.R. Surana, J) Heard Mr. M. K. Sah , learned counsel for the petitioner. Also heard Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. In brief, the case of the petitioner is that his daughter projected to be a minor had eloped with the respondent No. 6. Investigation was carried out after lodging of the FIR and registration of Bharalumukh P.S. Case No. 111/2025. The minor daughter of the petitioner and the respondent No. 6 had gone to Samastipur, Bihar and then had gone to Ahmedabad. However, with the assistance of the local police, the daughter of the petitioner was brought from Ahmedabad to Samastipur in Bihar and from there, the petitioner brought his daughter to Guwahati on 22.07.2025. 3. The investigation report produced by the learned Additional Senior Government Advocate on 16.09.2025, discloses that on 23.07.2025, the daughter of the petitioner, accompanied by her mother was examined by the I.O. and her statement was recorded wherein she had admitted that she has been in relationship with the respondent No. 6 since last 1 (one) year and admitted of physical relationship. 4. The daughter of the petitioner was release into the custody of her mother on 23.07.2025 and thereafter, on 25.07.2025, the daughter of the petitioner was produced before the CWC, Kamrup (M), where she was accompanied by both Page No.# 4/7 parents and after counselling, the daughter of the petitioner was allowed to go with her mother. However, once again the daughter of the petitioner has eloped with respondent No. 6 for the second time and a verbal complaint to that effect was made before the Bharalumukh P.S. on 29.07.2025. 5. Pursuant to order dated 15.09.2025, the petitioner had submitted on 16.09.2025 that he had received instructions from the petitioner that he is not pressing the prayer made against the respondent nos. 4 and 5. Accordingly, order was passed on 16.09.2025 requesting the respondent nos. 4 and 5 to scale up their effort to trace out the daughter of the petitioner. 6. As per the investigation report, the suspect and the daughter of the petitioner were changing locations and therefore, they could not be apprehended. 7. The matter was then listed on 24.09.2025, and the learned Additional Senior Government Advocate had submitted that in the meanwhile, the accused as well as the daughter of the petitioner were apprehended from Rajasthan and they have been brought back and were likely to be produced before the concerned Court. Accordingly, the matter was ordered to be listed today i.e., 26.09.2025. The learned Additional Senior Government Advocate has produced the updated investigation report which discloses, inter alia, that on 25.09.2025, when the daughter of the petitioner was produced before the CWC, Kamrup (M), escorted by women police personnel and her mother, the daughter of the petitioner had made a categorical statement that during her earlier production before the CWC, she had agreed to go for medical termination of pregnancy only because of the fear of physical punishment from her parents, due to which she had again ran away to Bihar from her home. She has stated that in Bihar her marriage was accepted socially and she has made a categorical statement Page No.# 5/7 that in no condition she is ready to terminate her pregnancy and she has also expressed that she is ready to stay in the Child Care Institute (CCI for short) till delivery and she is not willing to go home. 8. Along with the investigation report, the Learned Additional Senior Government Advocate has also produced a copy of Order dated 24.09.2025, passed by the Learned Special Judge, POCSO, Kamrup (M), Guwahati, in connection with Bharalumukh P.S. Case No. 111/2025, under Section 96/3(5) of the BNS, read with Section 6 of the POCSO Act, where the learned Special Judge has recorded the prayer made by the Investigating Officer about the unwillingness of the girl to go with her parents, as she was complaining of torture by her father, i.e., the petitioner. 9. 9. Be that as it may, in view of the lack of consent of the daughter of the petitioner for undergoing medical termination of pregnancy, the Court is of the considered opinion that a request be made to the CWC to ensure that proper medical care and counselling be provided to the minor daughter of the petitioner, during a stay in the CCI as per the usual protocol. 10. The learned counsel for the petitioner has submitted that in this habeas corpus petition, the petitioner has made a prayer for production of the victim before the Court, and to secure her release from the illegal detention, and to direct the medical authority to abort the pregnancy and a further prayer to recommend disciplinary action against the Officer-In-Charge and the I.O. of the case, and to transfer the case from Bharalumukh Police Station to the Criminal Investigation Department. 11. Heard the learned Additional Senior Government Advocate in the respect of the prayers made. Page No.# 6/7 12. Having considered the nature of the investigation done so far, including the recovery of the daughter of the petitioner twice from out of the State, the Court does not find any reason to exercise extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to recommend any disciplinary action against the Officer-In-Charge of the Bharalumukh P.S. and the I.O. of the case, or to transfer the investigation to any other authority. Prayers made in those regard is rejected. 13. As the CWC has categorically recorded in its order dated 25.09.2025, that under no circumstances the girl of the petitioner is ready to terminate her pregnancy, under the circumstances, the Court having noticed from the report of the order dated 25.09.2025 by the CWC, that the girl is pregnant by more than 6 months, the Court is disinclined to pass any orders for termination of pregnancy of the daughter of the petitioner. 14. As the purpose of this habeas corpus petition is served by production of the daughter of the petitioner before the concerned Court, the Court does not have any reason to prolong this matter any further, as it would be within the domain of the jurisdictional Magistrate or the jurisdictional Court/JJB to deal with the matter. 15. Accordingly, the matter stands closed. 16. We request to the CWC, Kamrup (M), Guwahati to provide medical care and protection to the daughter of the victim in terms of her wishes and desire as may be permitted under the standard protocol in force. 17. In the event, the petitioner wants to have visitation right to meet her daughter, it would be open to the petitioner to move the jurisdictional Court/JJB, which would have the competence to pass appropriate orders. Page No.# 7/7 18. Accordingly, this habeas corpus petition stands closed. JUDGE JUDGE Comparing Assistant